20.07.2013 Views

464 Mass. 566 - Appellant Montoya Brief - Mass Cases

464 Mass. 566 - Appellant Montoya Brief - Mass Cases

464 Mass. 566 - Appellant Montoya Brief - Mass Cases

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

focused on cribing street level drug transactions,<br />

drug packing and the purposes of drug hi s. All<br />

circumstantial evidence of wrong doing to sure, but<br />

not compelling evidence concerning the nature of the<br />

substance as being cocaine. See Commonwealth v. Rivas,<br />

77 <strong>Mass</strong>. App. Ct. 210, 212 (2010) (foundation<br />

questions asked of police officer only entitled him to<br />

testify whether evidence of substance was consistent<br />

with distribution and not as to he nature of the<br />

substance) .<br />

In sum, there can be no dispute that the<br />

certificates were material and must have had a<br />

power impact on the jury with respect to the issues<br />

of the weight and the nature of the alleged<br />

contraband, especially as there was no attempt to<br />

dispute them. As has been already demonstrated, such<br />

independent circumstantial dence that was not<br />

tainted by the drug analysis certificates consisted<br />

exclusively of the mode of packaging of the alleged<br />

contraband in order to suggest drug aling. On the<br />

other hand, the Commonwealth placed great reliance on<br />

the drug analysis certificates at tria The drug<br />

analysis certificate pertaining to the alleged<br />

45

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!